Trump's new voting law was already tested in Kansas in 2014 and it became a chaos
The American president Trump wants voters to present proof of citizenship and their passport before they are allowed to cast their vote for the Congressional elections in early November. This was already tried in the state of Kansas. It became a disastrous failure, of which tens of thousands of eligible voters were the victims.
When Steven Fish from Ottawa, Kansas, wanted to register as a voter in 2014, he had to show his birth certificate. He had no idea where to find it. The document could be with his stepfather, but he was estranged from him. And where could he request the original? The military base where he was born had already closed in the 1990s.
It may sound strange to Dutch ears, but many Americans do not have their birth certificate at hand. More than that: half do not even have a passport. In the state of Kansas, there are even fewer.
Voters who did have their documents in order also ran into problems. "Women also had to show a marriage certificate to explain why their name differed from that on their birth certificate," recalls Micah Kubic of the civil rights organization American Civil Liberties Union (ACLU). The ACLU advocates for fundamental rights and civil liberties.
Tad Stricker did have all the required documents when he applied for a driver's license in Kansas City and immediately registered as a voter. But no one asked for them. When he showed up at the polling station, it turned out he was not on the voter list. He was allowed to fill out a provisional ballot, but it was not counted: his vote was lost.
Fish and Stricker were not the only ones affected by the rule: research showed that the registration of about 30,000 Kansas residents was unjustly blocked. And the cure proved worse than the disease: only a few dozen non-citizens had registered, often due to misunderstandings. A handful of them actually cast a vote.
"It was certainly not worth losing tens of thousands of votes for that," says Kubic of the ACLU.
The figures correspond with the national picture. Even the conservative think tank Heritage Foundation found fewer than ninety examples in a quarter century, out of more than a billion votes cast. "The consequence for such fraud is prison or deportation, virtually no one takes that risk," says Lana Nott of the Campaign Legal Center in Washington D.C.
It usually does not seem to be malicious intent. For example, a mayor in Kansas voted multiple times for Trump while he is not a citizen. Joe Ceballos is of Mexican descent and has a US permanent resident 'green card'. He says he was not aware he was not allowed to vote.
Ceballos resigned as mayor and was sentenced to one year probation and a fine. Shortly thereafter he was arrested by the immigration service ICE. He has since been released on bail, awaiting his hearing.
Republicans point to a recent scandal in the Democratic state of New Jersey. There, due to a software error, 6,600 residents were unjustly registered as eligible voters. 400 of them actually cast a vote.
Two million dollars to repay
Steven Fish and Tad Stricker therefore could not cast their vote. With help from the ACLU, they sued the state of Kansas. Successfully: in 2018 the judge declared the rules unconstitutional. Kansas had to repay the plaintiffs nearly two million dollars in attorney fees. The state appealed, but the higher courts came to the same conclusion.
That meant the end of the 'SAFE-act', as the law was called in Kansas. But under President Trump the law gets a new life, under an almost identical name: the SAVE-act. Trump is trying to push it through Congress with all his weight, after his presidential decree with similar requirements was struck down by the courts.
This spring Trump even refused to sign other legislation as long as his own party did not support the SAVE-act. Yet so far there is no majority for it in the Senate, although a dozen Republican states have already introduced similar rules. In half of those states the rules will apply in the upcoming midterms.
For Steven Fish it feels like déjà vu. "It is shocking that our voting rights are being attacked again, with the same rhetoric." For Tad Stricker it also feels like a repeat. "We have seen this movie, and its ending," he says.
According to Stricker, voters are being deprived of their voting rights for political reasons. He fears it will become especially harder for immigrant Americans to register as voters. "If I, a white middle-aged man, am already a victim, how will it turn out for naturalized immigrants?"
But even if the rules are not implemented, Trump can use this politically. In case of a Republican defeat, he can again claim there was election fraud.